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PRIVACY ACT 1993 I
Principle I
Purpose of collection of personal information
Personal information shall not be collected by any agency unless —
(a) the information is collected for a lawful purpose connected with a function or activity of the agency; and
(b) theCurrent telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton collection of the information is necessary for that purpose.
Principle 2
Source of personal information
(1) Where an agency collects personal information, the agency shall collect the information directly from the individual concerned.
(2) It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable ground,-
(a) That the information is publicly available information; or
(b) That the individual concerned authorizes collection of the information from
Someone else; or
(c) That non-compliance would not prejudice the interests of the individual concerned; or
(d) That non-compliance is necessary -
(i) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii) For the enforcement of a law imposing a pecuniary penalty; or
(iii) For the protection of the public revenue; or
(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
(e) That compliance would prejudice the purposes of the collection; or
(1) That compliance is not reasonably practicable in the circumstances of the particular case; or
(g) That the information -
(i) will not be used in a form in which the individual concerned is identified; or
(ii) will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
(h) that the collection of the information is in accordance with an authority granted under section 54. C 22243/A2241 59
4
Principle 3
Collection of information from su~çt
(1) Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as are, in the circumstances, reasonable to ensure that the individual concerned is aware of -
(a) the fact that the information is being collected; and
(b) the purpose for which the information is being collected; and
(c) the intended recipients of the information; and
(d) the name and address of -
(I) the agency that is collecting the information; and
(ii) the agency that will hold the information; and
(e) if the collection of the information is authorised or required by or under law -(i) the particular law by or under which the collection of the information is so
authorised or required; and
(ii) whether or not the supply of the information by that individual is voluntary
or mandatory; and
(f) the consequences (if any) for that individual if all or any part of the requested
information is not provided; and
(g) the rights of access to, and correction of, personal information provided by these
principles.
(2) The steps referred to in subclause (1) of this principle shall be taken before the
information is collected or, if that is not practicable, as soon as practicable after the
information is collected.
(3) An agency is not required to take the steps referred to in subclause (1) in relation to
the collection of information from an individual if that agency has taken those steps in
relation to the collection from that individual, of the same information or information of
the same kind, on a recent previous occasion.
(4) It is not necessary for an agency to comply with subclause (1) if the agency believes,
on reasonable grounds -
(a) that non-compliance is authorised by the individual concerned; or
(b) that non-compliance would not prejudice the interests of the individual
concerned; or
(c) the non-compliance is necessary -
(I) to avoid prejudice to the maintenance of the Jaw by any public sector
agency, including the prevention, detection, investigation, prosecution, and
punishment of offences; or
(ii) for the enforcement of a law imposing a pecuniary penalty; or
(iii) for the protection of the public revenue; or
(iv) for the conduct of proceedings before any court or tribunal (being
proceedings that have been Commenced or are reasonably in
contemplation); or
(d) that compliance would prejudice the purposes of the collection; or
(e) that compliance is not reasonably practicable in the circumstances of the
particular case; or
(f) that the information -
(i) will not be used in a form in which the individual concerned is identified; or
(ii) will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual Concerned
Principle 4
Manner of collection of personal information
Personal information shall not be collected by an agency -
(a) by unlawful means; or
(b) by means that, in the circumstances of the case -
(i) are unfair; or
(ii) intrude to an unreasonable extent upon the personal affairs of the individual concerned.
Principle 6
Access to personal information
(1) Where an agency holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled —
(a) to obtain from the agency confirmation of whether or not the agency holds such personal information; and
(b) to have access to that information.
(2) Where, in accordance with subclause (1 )(b), an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information.
(3) The application of this principle is subject to the provisions of Parts 4 and 5.
Section 66(1)(b) of the Privacy Act
Summary
This section states that an action is an interference with the privacy of an individual if the action breaches an information privacy principle and that action:
• Has caused loss, detriment, damage, or injury to that individual, or may do so; or
• Has adversely affected the rights, benefits, privileges, obligations, or interests of that individual, or may do so; or
• Has resulted in significant humiliation, significant loss of dignity or significant injury to the feelings of that individual, or may do so.
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